WURT DUR FURK Is a Supersedeas Bond?

Over in the comments of this post at Sonoran Conservative, a John Doe commenter mentions something called a supersedeas, or appeal bond.

This was a new term of legal art for me.  But, they say you learn something new every day. I’ll let Wikipedia explain:\

After litigation and a civilcourt ruling, the losing party can appeal against the judgment. At this point, both the plaintiff and defendant could have similar kinds of concerns. An appeal takes time and can be dragged out in some cases for many years. After the case (and any other processes) are finally decided, whichever party wins will perhaps be more “out of pocket” from its costs. Also time will have passed, and the losing party may be bankrupt or have used the time to frustrate any potential future payments in the event of losing.

Therefore, it is often either a requirement of the law, or a possible point in a ruling, that prior to commencing its appeal processes, the losing party must provide a surety bond – money it pays to the court or a third party, to demonstrate its good faith, intention and commitment to meeting the ruling if it loses, and in some cases to show that their appeal is not frivolous or merely a tactic to delay or avoid payment. This is known as a supersedeas (or “appeal”) bond, and shows that they can and will cover the damages or fees awarded – including any additional costs of the appeal.

The bond may not be – and often is not – the exact value of the ruling. In some cases it is significantly larger since it is planned to cover interest or other costs which may arise on appeal.

A supersedeas bond is often paid in full – and may be handled via insurance or underwriting in some cases.

What are some of the advantages of a supersedeas bond?

Obtaining a supersedeas bond may appear to be judicial red tape; however, it serves the best interest of the defendant and plaintiff. The appellant uses a supersedeas bond to stay the execution of the judgment, meaning appellant does not have to pay the full amount of the judgment until the appellate court makes a ruling and then only if the ruling is to affirm the judgment. A surety bond also replaces the need for collateral. The plaintiff, or party to whom the money judgment is awarded, is fully protected by the bond and ensured payment, that is if the appealing party can afford the bond.

Interesting stuff.

Big takeaway?

Appeals are NOT FREE, even for a poor, poor, judgment proof pitiful pro se  pauper.

OOPSIE POOPSIE!

Sure hope that field goal attempt works out…*snerk*

Like(12)Dislike(0)

Let’s Fisk Again, Like We Did Last Summer

STUPID Lying Motherfucker Bill Schmalfeldt left a comment at the Artisan Craft Blog yesterday which is deserving of some special attention…

You obviously do not have a copy of the first e-mail I sent to Ms. Hinckley. I, however, do.

Hey, what a coincidence! So do I! Although the copy I was provided had the images redacted, because most people (present company excluded) had more respect for your wife’s dignity than you did.

The one where I wrote, “As your husband was one of the people suggesting my wife’s death was a scam I was trying to pull on people, I feel you deserve to see this picture. If it gets published anywhere, I will know who did it as it hasn’t been published anywhere else.” A normal person would read that as an instruction to NOT publish the picture. But look at who spread the picture around…

No, a normal person would read that as the weak roar of a toothless lion who already knows that once he presses the SEND button, that picture is gonna get published, and that lion is not interested in PREVENTING its publication but is in fact ACTIVELY FACILITATING IT. And in telegraphing that he knows there is absolutely nothing he can do to stop it, and nothing he can do to anyone (like me) who chooses to publish it.

Oh, wait… the COPS sent it to Grady!
No, it was the authorities in Carroll County! THOSE bastards sent the photo to Grady.

Wrong and wrong.  No one sent it to Grady.

Someone sent it to me. The email said Mort in Maryland. I think that name might have been fake.

Grady was the first one to publish it.

Wrong again.

Now, because karma, Grady no longer has a wife.

Oh, please…please expand on the unique knowledge that you have of Grady’s divorce, all while trying to explain how HE’S STALKING YOU, YOU STUPID LYING MOTHERFUCKER.

The only difference? Mine did not choose to leave me.

Janina and Janice would like a word.

Shame on you all.

Your game, your rules.  You first.

 

Like(10)Dislike(0)

Uh…NOPE

Nobody is laughing at a disabled person.

We’re laughing at YOU.

Here’s Sonoran Conservative, specifically – laughing at YOU.

UPDATE – MOAR POINTAGE from MOAR-GANNA!

EVEN MOAR UPDATE – the mockification continues (SWIDT, Fifi?) at the Artisan Craft Blog.

When the rest of my Team Free Speech pals get around to joining in the pointage, laughery and mockification, I will link them too!

You see, appearing remotely via Skype is not a right. It is a privilege.

It is a privilege which you saw fit to abuse. Now that privilege has been withdrawn from you.

Too bad, so sad. Boo hoo hoo.

Now, you have been ordered to appear in person in a Maryland court to show cause why you should not be held in contempt for your abuse of the privilege of appearing via Skype and your alleged violation of court rules prohibiting the use of electronic devices in court and the recording of court proceedings.

Now you want to bitch about your rights “as a disabled person?”

Here’s what you want to do.

  • Make a reservation at an ADA compliant hotel near the ADA compliant courthouse in Carroll County, Maryland
  • Pack an ADA compliant suitcase (be sure to include an ADA compliant toothbrush);
  • Call an ADA compliant taxi (perhaps an ADA compliant forklift and an ADA compliant flatbed truck would be better)
  • Have the ADA compliant mode of transport take you to the ADA compliant train station
  • Buy a ticket for an ADA compliant train
  • Get on the ADA compliant train
  • Get off the ADA compliant train at the ADA compliant train station in Baltimore
  • Call another ADA compliant taxi
  • Have this ADA compliant taxi take you to the ADA compliant hotel in Carroll County
  • Sleep off the arduous effects of your ADA compliant journey
  • Call yet another ADA compliant conveyance to haul your greasy-moobed sack of flapping beetusflesh from the ADA compliant hotel to the ADA compliant courthouse in Carroll County
  • Don’t forget that toothbrush. And your checkbook
  • Make your way to the ADA compliant courtroom where your show cause hearing is scheduled in the ADA compliant courthouse
  • Make sure you leave your electronic devices in the ADA compliant hotel room
  • If you do bring a phone, make sure you POWER THAT MOTHERFUCKER DOWN before entering the ADA compliant courtroom where you have been ordered to appear
  • Make your best case that you are a simple unfrozen disabled caveman pro se, and all these court rules and procedures THAT YOU WERE TOLD TO FOLLOW are strange and confusing
  • Enjoy your ADA compliant holding cell.

You DUMBFUCK.

Like(12)Dislike(0)

O RLY, DUMBFUCK? You Say That Like It’s A BAD Thing!

Does this ring a bell?

PLAGIARIST
LIAR

And as to vexatious litigant… 7 lawsuits in under three years, none of which survived motions to dismiss.

‘Nuff said on that.

Remember, class: All that is required to discredit Bill Schmalfeldt, is to quote Bill Schmalfeldt.

Like(9)Dislike(0)

Speaking of DUMBFUCKS And Bad Jokes

A DUMBFUCK and a pothead walk into a Twitter timeline…

Because it there is anyone who knows offensive, misogynistic (nice spelling, ASSHOLE) humor –with a bonus scoop of RACISM! – 

It’s Bill Schmalfeldt.

“The only thing required to discredit Bill Schmalfeldt is to quote Bill Schmalfeldt.” 

Like(7)Dislike(0)

Good Morning, DUMBFUCK!

https://twitter.com/fatmanpodcast/status/820508191033327618

Now I could be wrong ( it happens…not often, but sometimes) but I think DUMBFUCK is a little upset that ATTENTION IS NOT BEING PAID!

HARRUMPH! HARRUMPH, I SAY!!

Bet it’s really a big pile of nothing, much like DUMBFUCK himself. I don’t understand why he’s #GoldenShowering himself over the fact that John Hoge has a strategy and that no one else is calling out this longtime, proven, documented, obvious liar for the obvious lie that no one has yet seen.

But let it not be said that I am shy about such things.

Whatever is in that .pdf attachment, besides malware, viruses and pornographic Photoshops, I’m gonna take a leap of faith LOGIC AND REASONABLE ASSUMPTION BASED ON PAST LIES IN COURT PLEADINGS and say that it’s at least 99.44% shy of the expected standard of truth. Because history shows that SJW DUMBFUCKS ALWAYS lie, ALWAYS project, ALWAYS double down.

I predict a request for sanctions, a show cause hearing, or both (EMBRACE THE POWER!) to be filed when most advantageous to the Plaintiff.

But…

I could be wrong (it happens…not often, but sometimes).

Like(7)Dislike(0)

Good Evening, DUMBFUCK

It has not escaped notice that the Fat Bastard’s “new sounds” this evening are the same age –actually– as this DUMBFUCK is – emotionally

That is, a little shy of four years old.

Like(5)Dislike(0)

Good Morning, DUMBFUCK!

Far be it from me to call a vile, racist DUMBFUCK “stupid,” (because I would never insult stupid people by making such a comparison) but I do have a question:

How did that forum non conveniens argument work out for you?

No comment?

Like(6)Dislike(0)

Hey, DUMBFUCK!

So when a DUMBFUCK talks about “threats to put me in jail,” does he mean like when he threatens people with jail for sending biohazardous material?

Or is he talking about his bogus charges for the “Forged Letter Caper” that he continuously accuses John Hoge of masterminding?

Or maybe the hundreds – thousands?  – of times he has promised that somebody was going to jail for perjury?

Perhaps he means the nine times he determined that someone was LYING!!!!!!!! in court to get a restraining order against him.

You know, that always goes so much better when you actually SLITHER OUT FROM UNDER YOUR SLIMY FUCKING ROCK and go to court. Take a note.


What interests me more is the fact that he calls that piece of crap a STORY and not an ARTICLE.

You see, articles appear in reputable publications and contain facts.

Stories, on the other hand, show up in disreputable rags like CabinBoy Unread, and contain nothing but unconfirmed bullshit.

And as our pal DUMBFUCK is so very fond of reminding us:

Sounds like the burden falls on the writer to prove, not on the subject to disprove. But I guess that rule only applies to other people.  You know, if a rule only applies for some people, sometimes, when it’s convenient, then it’s more of a suggestion than a rule, isn’t it?

And not even situationally ethical journalists like that soulless turdrolling, shitsniffing Cub Scout rapist (I have documentation, you know…just as authentic as yours, but I don’t even PRETEND to be a journalist…or ethical) we call DUMBFUCK have to follow suggestions, right?

Ahh…it’s okay, though.  All we have to do is write about…well, whatever we feel like writing about, whoever we feel like writing about.  Just follow the example set by our betters at SaveBrett’sBaconWhateverTheCost.com. If someone gives you a STORY…just assume it’s true. It’s a time-honored journalistic tradition, you know.

Sabrina Rubin Erdley will tell you how great it turns out…make ya famous.

Or just make it up, cuz that works too!

Ask Pulitzer Prize winner Janet Cooke.

Ask Stephen Glass.

Mike Barnicle.

Jayson Blair.

DUMBFUCK.


Oh, just one more thing…I don’t sound panicked, do I?  Because I sure don’t feel panicked.

Like(8)Dislike(0)

Don’t They Teach About Plagiarism in GS-13 Writer/Editor School?

In a recent, soon-to-be-deleted post archived here, a DUMBFUCK tries to sound intelligent when writing:

To establish a negligent spoliation claim in Illinois, a plaintiff needs to prove that: 1) the defendant owed the plaintiff a duty to preserve the evidence; 2) the defendant breached its duty; 3) the loss of the evidence was the proximate cause of the plaintiff’s inability to prove claims in an underlying lawsuit; and 4) as a result, the plaintiff suffered actual damages. As is set forth in Martin, the general rule in Illinois is that there is no duty to preserve evidence. Thus, in order to pursue a spoliation claim, the plaintiff needs to establish an exception to the general rule. To establish an exception to the “no duty” rule, a plaintiff must meet a two-part test. The first part, the “relationship” part, requires that the plaintiff show an agreement, contract, statute, special circumstance, or voluntary undertaking that imposed a duty on the defendant to preserve the evidence at issue. The second part, the “foreseeability” part, requires a plaintiff to show that the duty extends to the specific evidence at issue by showing that a “reasonable person in the defendant’s position should have foreseen that the evidence was material to the potential civil action.”

And DUMBFUCK succeeds.

At sounding intelligent.  But not at BEING intelligent.

Because DUMBFUCK.  And Google.

That same paragraph, WORD FOR FUCKING WORD, appears in this 2012 article at White and Williams.

No credit. No attribution.  No nothing.  Just straight theft of copyrighted content.

Oopsie Poopsie!

The same tort this DUMBFUCK has defaulted on in a Maryland lawsuit.

Poor Mr. Sorich…I hope he has a really good psychiatrist. Or a well-stocked bar in his office.

Like(11)Dislike(0)